Sharif v Vitruvian Investments Pty Ltd (No 5) [2024] FCA 134

Federal Court of Australia

Sharif v Vitruvian Investments Pty Ltd (No 5) [2024] FCA 134 File number: WAD 127 of 2022 WAD 153 of 2022

Judgment of: COLVIN J

Date of judgment: 28 February 2024

Catchwords: COSTS - assessment of lump sum costs to be awarded - where one party substantially successful in substantive proceedings - where change of solicitors - whether lump sum assessment should be made on party and party or indemnity basis - whether antecedent conduct of parties relevant to assessment of indemnity costs - whether costs were unreasonably incurred or unreasonable in amount - whether adjustment should be made for costs sought concerning work undertaken by fee earners whose names do not appear on High Court Register of Practitioners - held lump sum costs to be assessed on indemnity basis with adjustments COSTS - apportionment of costs - where proceedings in one application transferred from Supreme Court and one application commenced in this Court - where two applications heard together with evidence in one being evidence in the other - whether single lump sum costs order against all defendants would amount to non-party costs order - held costs assessed as a single set of costs with some apportionment

Legislation: Corporations Act 2001 (Cth) ss 232, 1322 Federal Court of Australia Act 1976 (Cth) s 4 Judiciary Act 1903 (Cth) ss 55A, 55B, 55C

Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Atanaskovic v Birketu Pty Ltd [2023] NSWCA 312 Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 5) [2021] FCA 246 Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; (2019) 269 CLR 333 Coshott v Burke (No 2) [2018] FCAFC 81 Frigger v Banning (No 13) [2023] FCA 923 Frigger v Trenfield (No 11) [2022] FCA 326 Guss v Veenhuizen (Taxation of Costs) (No 2) (1976) 136 CLR 47 Hamod v State of New South Wales [2011] NSWCA 375 Hancock v Rinehart [2015] NSWSC 1640 Harrison v Schipp [2001] NSWCA 13 Harrison v Schipp [2002] NSWCA 213; (2002) 54 NSWLR 738 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 Hii v Commissioner of Taxation [2019] FCA 1589 Huntingdale Village Pty Ltd (Receivers and Managers Appointed) v Corrs Chambers Westgarth [2018] WASCA 90 IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 31 Jadwan Pty Ltd v Rae & Partners (A Firm) (No 7) [2022] FCA 1174 Jadwan Pty Ltd v Rae & Partners (A Firm) [2023] FCAFC 182 Kumar v Secretary, Department of Social Services [2019] FCA 735 LLC BryanskAgrostroy v Mackies Asia Pacific Pty Limited (No 2) [2021] FCA 1419 Marsh v Baxter [No 2] [2016] WASCA 51 Mead v Watson as Liquidator for Hypec Electronics [2005] NSWCA 133 Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 2) [2017] FCAFC 116 NMFM Property Pty Ltd v Citibank Ltd (No 11) [2001] FCA 480; (2001) 109 FCR 77 Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 Noye v Robbins [2010] WASCA 83 Oil Basins Limited v Watson [2017] FCAFC 103; (2017) 252 FCR 420 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Paciocco v Australia and New Zealand Banking Group Limited (No 2) [2017] FCAFC 146; (2017) 253 FCR 403 Porter v Australian Prudential Regulations Authority [2009] FCA 1148 Sharif v Vitruvian Investments Pty Ltd (No 3) [2023] FCA 920 Sharif v Vitruvian Investments Pty Ltd (No 4) [2023] FCA 1172 Stewart v Atco Controls Pty Ltd (in Liquidation) [No 2] [2014] HCA 31; (2014) 252 CLR 331 Swansdale Pty Ltd v Whitcrest Pty Ltd [2010] WASCA 129 (S) University of Western Australia v Gray (No 25) [2009] FCA 1227; (2009) 180 FCR 483 Vitruvian Investments Pty Ltd v Sharif [2023] FCA 471 Walter v Buckridge [No 5] [2012] WASC 495 Zreika v Royal (No 2) [2019] FCAFC 237